The Denton City Council in Texas has voted 4 to 3 to repeal an ordinance aimed at preventing local police from arresting individuals for low-level marijuana possession. This ordinance was initially approved by over 70% of voters in 2022.
Denton, a city with a population of approximately 158,000, is one of several Texas cities facing legal challenges from the state’s Republican Attorney General, Ken Paxton. Paxton argues that local governments are not allowed to create policies that do not fully enforce state drug laws. In Texas, possessing two ounces of marijuana or less is classified as a misdemeanor, which can result in up to 180 days in jail, a $2,000 fine, and a criminal record.
City officials have incurred around $200,000 in legal costs due to the ongoing lawsuit. The repeal of the ordinance is seen as a response to fears of prolonged litigation, which has also influenced other Texas cities, such as Bastrop, Lockhart, and Harker Heights, to avoid similar voter-approved measures.
Recent rulings from a Texas appellate court have also halted the enforcement of voter-approved depenalization initiatives in larger cities like Austin and San Marcos. In light of these developments, Texas lawmakers have proposed legislation, specifically Senate Bill 1870, that would prevent local governments from placing any measures related to marijuana decriminalization on future ballots. This bill would require cities to fully enforce state marijuana laws.
The push against local marijuana reforms is not limited to Texas. In Florida, Governor Ron DeSantis recently signed a law making it more difficult for initiatives to be placed on ballots following the narrow defeat of Amendment 3, which aimed to regulate adult-use cannabis. Similarly, in Idaho, lawmakers have passed a resolution to restrict voters’ ability to influence laws regarding marijuana legalization. Nebraska is also experiencing challenges, where the Attorney General is working to nullify two voter-approved medical cannabis initiatives that received over 70% support.
Paul Armentano, Deputy Director of NORML, criticized these actions, stating that they undermine democratic processes by removing voters from decisions on public policy. NORML has issued a legislative alert opposing SB 1870, emphasizing the importance of allowing voters to express their opinions on cannabis legislation.
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